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Ashok Prasad Bhagat v. the State of Jharkhand

Jharkhand HC18 Mar 2021A.B.A./874/2021

Case brief

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What is this about?

Privilege jurisdiction order granting anticipatory bail to petitioners in a cheating and forgery case upon their undertaking to remove defects pointed out by the stamp reporter and cooperate with the investigation.

What did the court decide?

Grant of privilege of anticipatory bail subject to surrender within six weeks, execution of bail bond, sureties, and conditions including cooperation with investigation and stipulated terms under Sect

Ashok Prasad Bhagat Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 874 of 2021

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Ashok Prasad Bhagat

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Kishore Kumar Bhagat … Petitioners Versus

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The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Ranjan Kr. Singh, Advocate For the State : Mr. S.K. Srivastava, Addl. P.P.

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Order No.02 Dated- 18.03.2021

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Heard the parties through video conferencing.

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Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

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In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Rajmahal P.S. Case No.56 of 2020 (G.R. No. 184 of 2020) registered under sections 420/467/468/471/323/506 of the Indian Penal Code.

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The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioner nos. 1 & 2 have sold a piece of land to the co-accused person by executing registered sale deed bearing no. 2494/2500 dated 14.09.2019 and the informant claims that the said land belongs to him. It is further submitted that the allegations against the petitioners are all false. It is then submitted that the plot which has been sold by the petitioner nos.1 & 2 now stands recorded in the name of the father of the petitioner nos.1 & 2 namely Ram Naresh Bhagat and the land possession certificate was issued in favour of the petitioner no.1 and in this respect, the learned counsel for the petitioners draws the attention of this Court towards annexure-3 & 3/1 of the brief. It is next submitted that there is no allegation of impersonation against any of the petitioners. It is then submitted that

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the petitioners undertake to cooperate with the investigation of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

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Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Rajmahal, in connection with Rajmahal P.S. Case No.56 of 2020 (G.R. No. 184 of 2020) with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of their Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Ashok Prasad Bhagat v. the State of Jharkhand

Case brief

What is this about?

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Ashok Prasad Bhagat v. the State of Jharkhand

Case brief

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